Website terms and conditions of use
- This document sets out the terms and conditions ("Terms") of Health and Safety Dialogue Company Ltd trading as HSDC ("HSDC") pertaining to the access and use of the information, products, services and functions provided on https://ambersafety.info/ ("Website"), which includes the platform that is designed to enable safety teams to look at health and safety through a creative lens, empowering them to develop a culture of excellence in health and safety (“Amber Platform”).
- Should any person that accesses the Website or Amber Platform ("you" or "user") disagree with any of the Terms, you must refrain from accessing the Website and using the Amber Platform.
- HSDC reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the Amber Platform, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by HSDC from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
- We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
- If there is anything in these Terms that you do not understand then please contact us as soon as possible. Please note that calls to us are charged at international rates and may be monitored for training, security, and quality assurance purposes.
Who we are?
- Full name: Health and Safety Dialogue Company Ltd
- Registration number: 11348491
- Physical address: 206 King Street, Cottingham, East Yorkshire, HU16 5QJ, UK
- Telephone number: +44 746 740 3566
- Website address: http://www.hsdc.io/
- E-mail address: email@example.com
- Names of office bearers: Kay Inkster, Director
- Registered at: United Kingdom
Subscriptions to the Amber Platform
- HSDC grants you the right to access and use the Amber Platform via the Website when a subscription is purchased. Various modules and tools will be available according to the subscription purchased. These rights are non-exclusive, non-transferable, and limited by and subject to the Terms.
- An invoice for the relevant subscription will be issued monthly in accordance with the subscription and/or billing page/s on the Website. Invoices are payable on presentation and will continue to be issued until such time as the subscription to use the Amber Platform is terminated. Failure to pay an invoice within 30 days of invoicing will result in termination of these Terms.
You may purchase subscriptions on behalf of other users on condition that you:
- Ensure and warrant that such users agree to be bound by these Terms;
- Accept joint responsibility for such users’ actions, and ensure that such users accept joint responsibility for your actions; and
- Do not allow more users to access the Amber Platform than subscriptions purchased.
- HSDC shall use commercially reasonable endeavours to make the Amber Platform available 24 hours a day, 7 days a week, except for reasonable planned and unplanned maintenance.
- HSDC reserves the right to disable your access to the Amber Platform for any reason that it deems appropriate, including breach of these Terms. In such a case HSDC will not be required to furnish a refund.
Content of the Website and Amber Platform
- HSDC reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website or Amber Platform and any information or content on the Website or Amber Platform.
- HSDC reserves the right to change and amend the products, prices and rates quoted on the Website from time-to-time without notice.
- HSDC may use the services of third parties to provide information on the Website or Amber Platform. HSDC has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided "as is" and that HSDC and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
- HSDC makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website.
HSDC does not warrant that the Website, Amber Platform, or information or downloads shall be error-free or that they
shall meet any criteria of performance or quality. HSDC expressly disclaims all implied warranties, including without
limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security,
- whilst HSDC has taken reasonable measures to ensure the integrity of the Website, Amber Platform, and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website or Amber Platform are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
- HSDC disclaims any responsibility for the verification of any claims. Information published on the Website or Amber Platform may be done so in the format in which HSDC receives it and statements from external parties are accepted as fact.
Linked third-party websites and third-party content
- HSDC may provide links to third party websites on the Website or Amber Platform. These links are provided to the user for convenience purposes only and HSDC does not endorse, nor does the inclusion of any link imply HSDC's endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
- While HSDC tries to provide links only to reputable websites or online partners, HSDC cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of HSDC. HSDC is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website or Amber Platform.
- You agree that HSDC shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website or Amber Platform. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
The user hereby agrees that it shall not itself, nor through a third party:
- Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website or Amber Platform for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- Decompile, disassemble, or reverse engineer any portion of the Website or Amber Platform;
- Write and/or develop any derivative of the Website or Amber Platform or any other software program based on the Website or Amber Platform ;
- Modify or enhance the Website or Amber Platform. In the event of a user effecting any modifications or enhancements to the Website or Amber Platform in breach of this clause, such modifications and enhancements shall be the property of HSDC;
- Without HSDC's prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the Website or Amber Platform by persons other than the user;
- Remove any identification, trademark, copyright, or other notices from the Website;
- Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website or Amber Platform, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
- You must ensure that all usernames and passwords required to access the Website or Amber Platform are kept secure and confidential. You are encouraged to reset your password if you suspect any unauthorised use of your passwords or any other breach of security and you must take all other actions that HSDC reasonably deems necessary to maintain or enhance the security of HSDC’s computing systems and networks and your access to the Website or Amber Platform.
- To ensure the security and reliable operation of the services to all HSDC's users, HSDC hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
- You may not utilise the Website or Amber Platform in any manner which may compromise the security of HSDC's networks or tamper with the Website or Amber Platform in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website or Amber Platform, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should HSDC suffer any damage or loss, civil damages shall be claimed by HSDC against the user.
Intellectual property rights
- For the purpose of this clause, "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by HSDC, now or in the future, including without limitation, HSDC's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
- All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, HSDC and as such are protected from infringement by local and international legislation and treaties.
- By submitting reviews, comments and/or any other content (other than your personal information) to HSDC for posting on the Website or Amber Platform, you automatically grant HSDC and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain all rights that may exist in such content.
- All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Website and Amber Platform is granted to you.
- Except with HSDC's express written permission, no proprietary material from the Website or Amber Platform may be copied or retransmitted.
- Irrespective of the existence of copyright, the user acknowledges that HSDC is the proprietor of all material on the Website and Amber Platform (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
Risk, limitation of liability and indemnity
- The user's use of this Website and Amber Platform and the information contained on the Website and Amber Platform is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
- HSDC is not Your Health and Safety Officer and the information on the Website and Amber Platform does not constitute the receipt of legal advice. Whilst the Website and Amber Platform has been designed based on our understanding and interpretation of health and safety laws, regulations and best practice, the Website and Amber Platform constitutes our interpretations, and you are advised to seek separate legal advice regarding any material matters.
- It is your sole responsibility to determine that the Amber Platform meets the needs of your business and is suitable for the purposes for which it is used.
- The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall HSDC be liable for any loss, harm, or damage suffered by the user as a result thereof. HSDC reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should HSDC deem it necessary.
To the extent permissible by law:
- Neither HSDC, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or Amber Platform or any functionality thereof, or the information contained on the Website or Amber Platform, or of any linked website, even if HSDC knows or should reasonably have known or is expressly advised thereof.
- The liability of HSDC for faulty execution of the Website or Amber Platform as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to HSDC rectifying the malfunction, within a reasonable time and free of charge, provided that HSDC is notified immediately of the damage or faulty execution of the Website or Amber Platform. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website or Amber Platform without the prior written approval of HSDC. However in no event shall HSDC be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or Amber Platform or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify HSDC and agree to hold HSDC free from all loss, damages,
claims and/or costs, of whatsoever nature suffered or incurred by HSDC or instituted against HSDC as a direct or
indirect result of:
- your use of the Website or Amber Platform, or a related parties use of the Website or Amber Platform;
- software, programs, and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of HSDC;
- your failure to comply with any of the terms or any other requirements which HSDC may impose from time to time;
- the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
- any unavailability of, or interruption in, the service which is beyond the control of HSDC.
- HSDC makes no warranty or representation as to the availability, accuracy, or completeness of the content of the Website or Amber Platform. You expressly waive and renounce all your rights of whatever nature that you may have against HSDC for any loss suffered by you, because of information supplied by HSDC being incorrect, incomplete, or inaccurate.
- Personal information when used in this Policy means information that can identify you as an individual or can identify you. By personal information we do not mean general, statistical, aggregated, or anonymised information.
- Your use of our services signifies your consent to us collecting and using your personal information as specified below.
- We collect basic personal information including your name, email address, phone number, address, job title and IP address to allow us to contact you and provide our services. We use a third-party payment system to collect any card or bank details.
We collect personal information from you when:
- You get in touch with us or visit our website, including when subscribing to our services, a webinar or using our portal.
- Our trusted partners share your details with us.
- You subscribe to HSDC software from one of our partners. We will only request the data that is necessary for the subscription. In most cases, this will be your name and basic contact information.
- We acquire your contact information from networking or similar events.
- In some circumstances, we purchase your business or contact information from a reputable third party who have appropriate data protection measures in place.
- We may gather your business and contact information from publicly available sources such as LinkedIn or other commonly used business sites. In this case, we do not process any personal data that is available but is not necessary for our purposes.
- If you would like to know more about where we have collected your information from, please contact us using the details above.
We require this basic personal information so that we can:
- Enable you to subscribe to or purchase our services.
- Fulfil and manage your contract and your enquiries when using our service.
- Improve our websites, including your user experience.
- Manage your enquiries.
- Carry out marketing and sales activities in relation to our products and services. You may opt out of marketing at any time.
- We do not collect any personal information from you that we do not need to facilitate these tasks.
We consider we have the following lawful bases to process your data:
- We use the lawful basis of contract for our existing customers.
- Our other business functions, including marketing activities, are in HSDC’s legitimate interests to develop the business.
- If required to do so, we may need to use your information as part of a legal process.
- For cookies, we use the lawful basis of consent
Protection of information
- HSDC is committed to protecting your personal data and has implemented the appropriate systems and procedures to ensure this.
- We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information. All payment transactions are processed through a gateway provider and are not stored or processed on our servers.
Retention of personal information
- If you have, or had, a subscription we will retain your data for up to 3 years after the end of the subscription, or the last point of contact (whichever is latest) for marketing as part of our legitimate interest and as part of our statutory obligations.
- If you have never had a subscription and we send you marketing communications, we will keep your information for a maximum of 3 years after the last point of contact.
- You can opt out of receiving marketing communications at any time by contacting us using the details above or unsubscribing on the marketing emails we send you.
- Disclosing your information to third parties: We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
- Managing preferences: If you would like us to stop processing your information for marketing purposes, please write to us at the address set out above.
- Transfer of information: By using the Website, the Amber Platform, or by interacting with us in the ways described in the Terms, you consent to the transfer of your information outside the European Economic Area in the circumstances set out in the Terms. If you do not want your information to be transferred outside the European Economic Area you should not use our website, the Amber Platform, applications or services.
- You have the right to have your personal data corrected if it is not correct or incomplete. Please contact us using the above details, or existing customers may update their details in their portal.
- You have the right to have your personal data deleted. Please contact us using the details provided above. Please note that we may not be able to fulfil our contractual obligations without your contact details.
- You have the right to have personal data transferred to another party. Please ask us if this is what you would like to do
- You have the right of access to your data. Please contact us and we will let you know what personal data we hold
- You can ask us to restrict the use of your information, by contacting us on the contact details above
- You have the right to register a complaint regarding the use of your personal data to a supervisory authority at any time. The Information Commissioner’s Office is the UK authority, details of which can be found at ico.org.uk.
- We do not carry out profiling or automatic decision making.
- We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a subscriber and provide you with the services you require.
- Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
.AspNet.Consent .AspNetCore.Antiforgery.* .AspNetCore.Session .AspNetCore.Identity.Application
Anti-forgery, session and identity. These are a series of hash strings utilised for client to server communication to securely identify the user. This cookie also contains the GDPR consent to all other cookies used in the platform.
60 minutes /Session
User tracking through Google Tag Manager. The account is IP anonymised and compliant with GDPR through configuration within GA, including pseudonymous identifiers. All information is minimum SHA256 hashed.
Temporary purged cookies for the purpose of secure identified PCI compliant communication and identifying the link between Amber users and Stripe subscriptions.
- By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by HSDC. You shall notify HSDC should you discover any loss or unauthorised disclosure of the information.
- Any information or material sent to HSDC will be deemed not to be confidential, unless otherwise agreed in writing by the user and HSDC.
Breach, or cancellation by HSDC
HSDC is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict,
to cancel these Terms, limit or deny such user use of the Website and Amber Platform, or to claim specific performance of any obligation whether
or not the due date for performance has arrived, in either event without prejudice to HSDC's right to claim damages, should any user:
- breach any of these Terms;
- in the sole discretion of HSDC, use the Website or Amber Platform in an unauthorised manner; or
- infringe any statute, regulation, ordinance, or law.
- Breach of these Terms entitles HSDC to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to HSDC on an attorney and own client scale.
- HSDC is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and Amber Platform, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to HSDC's right to claim damages, should any user:
- Prepaid Subscription Refund: HSDC will not provide any refund for any remaining prepaid period for a prepaid subscription.
- No-fault termination: These Terms will continue for the period covered by the subscription. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided subscription fees continue to be paid, unless either party terminates these Terms by giving at least one month’s advance written notice. If you elect to terminate these Terms by providing one month’s’ advance written notice, you shall be liable to pay all relevant subscription fees up to and including the day of termination of these Terms.
- Breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- Breach any of these Terms and the breach is not capable of being remedied; or
You or your business become insolvent or your business goes into liquidation or has a receiver or manager
appointed of any of its assets or if you become insolvent, or make any arrangement with your creditors, or
become subject to any similar insolvency event in any jurisdiction, HSDC may take any or all of the following actions, at its sole discretion:
- Terminate these Terms and your use of the Website or portions of the Website, including the Amber Platform;
- Suspend for any definite or indefinite period of time, your use of the Website or portions of the Website, including the Amber Platform;
- Suspend or terminate access to all or any Data.
Accrued Rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date
of termination. On termination of these Terms you will:
- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- immediately cease to use the Amber Platform and the Website.
- Expiry or termination: Clauses 3, 6, 8, 9, 12, 13, 14, and 17 survive the expiry or termination of these Terms.
Compliance with laws
You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to the Website or Amber Platform.
Except as explicitly stated otherwise, any notices shall be given by email to the e-mail address you have provided to HSDC (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, HSDC may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to HSDC. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices, or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
- These Terms shall be governed in all respects by the laws of the United Kingdom as such laws are applied to agreements entered and to be performed within the United Kingdom.
- This Website is controlled, operated, and administered by HSDC from its offices within the United Kingdom. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use the Website or Amber Platform in violation of export laws and regulations.
- HSDC does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our Website may be interfered with because of factors which are outside of our control.
- HSDC shall have no liability to you the Terms if it is prevented from or delayed in performing its obligations under the Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HSDC or any other party), failure of a utility service or transport or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of HSDCs or sub-contractors, provided that you are notified of such an event and its expected duration.
- If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
- HSDC's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
- You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of HSDC.
- No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
- Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
- These Terms set forth the entire understanding and agreement between HSDC and you with respect to the subject matter hereof.
Last updated: 5 November 2020